Do I Have to Go to Court to Resolve My Divorce?
Maybe – whether you will need to go to court to resolve a divorce will depend on whether you and your ex are able to:
- Agree on all of the issues of your divorce – In these cases, the court will usually uphold the divorce settlement that couples work out; OR
- Work together in a civil matter – If there may be some disputes but you and your ex can still communicate civilly to try to work out a compromise, mediation can be pursued, instead of having to go to court.
In general, ending a marriage in divorce court may be necessary when:
- One partner is intent on getting revenge – Embittered exes may refuse to compromise and may try to fight for unrealistic or outrageous requests simply to try to get back at a former partner. This situation commonly arises when infidelity is an issue in divorce.
- One partner is accused of concealing assets in divorce – Allegations of hidden assets in divorce can complicate a case, requiring further investigations and court intervention.
- Divorce mediation sours – Although some couples may part ways amicably and go into a divorce case on friendly or civil terms, starting with mediation, things can turn ugly fast when sensitive issues regarding the division of marital assets, support payment obligations and/or custody matters need to be figured out. When mediation ends in an impasse, again, going to court to resolve the divorce may be necessary.
- The length of the case – When divorce needs to be resolved in court, the case will typically take longer to resolve than a mediated divorce because all parties will be bound to the court’s schedule. In other words, when proceeding with a divorce in court, divorcing parties will be compelled to resolve their case according to the court’s timeline and schedule, rather than their own timing (as would be the case with mediation).
- The costs – Given that resolving a divorce in court can draw out the duration of these cases, it’s also usually true that court-resolved divorce cases tend to be more expensive.
Need more information about divorce court – or your best options for proceeding with divorce? If so…